The Bill will create a new independent national body to regulate all care services, including early years education and childcare. The Scottish Commission for the Regulation for Care will take over responsibility for childminders, playgroups, private day nurseries and other childcare providers from local authorities, and should be up and running from October 2001.
The Regulation of Care Bill will also set up the Scottish Social Services Council, to come into operation in April 2002, to register the care services workforce. It will initially register professionally qualified social workers, heads of care homes, all staff in residential care for children, heads of adult daycare services and the new Commission's registration and inspection staff. A second phase will include all staff working in care homes for adults, and in early education and childcare settings.
Deputy minister for education Nicol Stephen said, 'This Bill will have a significant impact on the regulation of care for children and young people up to the age of 16. The new Commission, which will be responsible for this regulation, will also work with HMI to ensure the suitability of care and education for the under-fives.'
The National Association of Inspection and Registration Officers (NAIRO) Scotland welcomed the move towards a national inspectorate. However, NAIRO also raised a number of points of concern:
* Some services for young children remain exempt from regulation, particularly nanny agencies, recreational clubs and uniformed organisations. NAIRO argues that employers must at least be required to consult the Index of Adults unsuitable to work with children, and that exemptions should be reviewed annually.
* The Scottish Executive intends that in the long term the Commission should be funded from fees levied on care providers. NAIRO warns that this would risk driving some early years services underground and calls for the cost of the Commission to be spread across the whole community, including funding via direct taxation. It says the Commission must be properly resourced to be effective.
* Managers of daycare services for children to be registered with the Council from the outset.
* More information is needed on the organisation of the Commission. NAIRO does not believe that the proposed one headquarters and four regional sub-offices will provide enough of a local presence and support structure for regulatory staff.
Irene Audain, director of the Scottish Out of School Care Network, welcomed the introduction of the Bill.
'The whole care sector, for adults and children, will benefit from more uniform, enforceable standards which have the interests of our more vulnerable people at the core.'
